An Actconcerning opioid antidotes and overdose
prevention, and supplementing Title 24 of the Revised Statutes and Title 2C of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

C.24:6J-1 Short title.

1. This act shall be known and may be cited as the
“Overdose Prevention Act.”

C.24:6J-2 Findings, declarations relative to overdose
prevention.

2. The Legislature finds and declares that
encouraging witnesses and victims of drug overdoses to seek medical assistance
saves lives and is in the best interests of the citizens of this State and, in
instances where evidence was obtained as a result of seeking of medical
assistance, these witnesses and victims should be protected from arrest, charge,
prosecution, conviction, and revocation of parole or probation for possession
or use of illegal drugs. Additionally, naloxone is an inexpensive and easily
administered antidote to an opioid overdose. Encouraging the wider
prescription and distribution of naloxone or similarly acting drugs to those at
risk for an opioid overdose, or to members of their families or peers, would
reduce the number of opioid overdose deaths and be in the best interests of the
citizens of this State. It is not the intent of the Legislature to protect
individuals from arrest, prosecution or conviction for other criminal offenses,
including engaging in drug trafficking, nor is it the intent of the Legislature
to in any way modify or restrict the current duty and authority of law
enforcement and emergency responders at the scene of a medical emergency or a
crime scene, including the authority to investigate and secure the scene.

C.24:6J-3 Definitions relative to overdose prevention.

3. As used in this act:

“Commissioner” means the Commissioner of Human
Services.

“Drug overdose” means an acute condition including, but
not limited to, physical illness, coma, mania, hysteria, or death resulting
from the consumption or use of a controlled dangerous substance or another
substance with which a controlled dangerous substance was combined and that a
layperson would reasonably believe to require medical assistance.

“Medical assistance” means professional medical
services that are provided to a person experiencing a drug overdose by a health
care professional, acting within the scope of his or her lawful practice,
including professional medical services that are mobilized through telephone
contact with the 911 telephone emergency service.

“Opioid antidote” means naloxone hydrochloride or any
other similarly acting drug approved by the United States Food and Drug
Administration for the treatment of an opioid overdose.

“Health care professional” means a physician, physician
assistant, advanced practice nurse, or other individual who is licensed or
whose professional practice is otherwise regulated pursuant to Title 45 of the
Revised Statutes, other than a pharmacist, and who, based upon the accepted
scope of professional authority, prescribes or dispenses an opioid antidote.

“Patient” includes a person who is not at risk of an
opioid overdose but who, in the judgment of a physician, may be in a position
to assist another individual during an overdose and who has received patient
overdose information as required by section 5 of this act on the indications
for and administration of an opioid antidote.

4. a. A health care professional or pharmacist who,
acting in good faith, directly or through a standing order, prescribes or
dispenses an opioid antidote to a patient capable, in the judgment of the
health care professional, of administering the opioid antidote in an emergency,
shall not, as a result of the professional’s acts or omissions, be subject to
any criminal or civil liability, or any professional disciplinary action under
Title 45 of the Revised Statutes for prescribing or dispensing an opioid
antidote in accordance with this act.

b. A person, other than a health care professional,
may in an emergency administer, without fee, an opioid antidote, if the person
has received patient overdose information pursuant to section 5 of this act and
believes in good faith that another person is experiencing an opioid overdose.
The person shall not, as a result of the person’s acts or omissions, be subject
to any criminal or civil liability for administering an opioid antidote in
accordance with this act. In addition, the immunity provided for in section 7
or section 8 of P.L.2013, c.46 (C.2C:35-30 or C.2C:35-31) also shall apply to a
person acting pursuant to this section, provided that the requirements of
section 7 or section 8 also have been met.

C.24:6J-5 Patient overdose information.

5. a. A health care professional prescribing or
dispensing an opioid antidote to a patient shall ensure that the patient
receives patient overdose information. This information shall include, but is
not limited to: opioid overdose prevention and recognition; how to perform
rescue breathing and resuscitation; opioid antidote dosage and administration;
the importance of calling 911 emergency telephone service for assistance with
an opioid overdose; and care for an overdose victim after administration of the
opioid antidote.

b. In order to fulfill the distribution of patient
overdose information required by subsection a. of this section, the information
may be provided by the health care professional, or a community-based
organization, substance abuse organization, or other organization which
addresses medical or social issues related to drug addiction that the health
care professional maintains a written agreement with, and that includes:
procedures for providing patient overdose information; information as to how
employees or volunteers providing the information will be trained; and standards
for documenting the provision of patient overdose information to patients.

c. The provision of patient overdose information
shall be documented in the patient's medical record by a health care
professional, or through similar means as determined by any written agreement
between a health care professional and an organization as set forth in
subsection b. of this section.

d. The Commissioner of Human Services, in
consultation with Statewide organizations representing physicians, advanced
practice nurses, or physician assistants, or community-based programs,
substance abuse programs, syringe access programs, or other programs which
address medical or social issues related to drug addiction, may develop and
disseminate training materials in video, electronic, or other formats to health
care professionals or organizations operating community-based programs,
substance abuse programs, syringe access programs, or other programs which
address medical or social issues related to drug addiction, to facilitate the provision
of patient overdose information.

C.24:6J-6 Awarding of grants.

6. a. The Commissioner of Human Services may award
grants, based upon any monies appropriated by the Legislature, to create or
support local opioid overdose prevention, recognition, and response projects.
County and municipal health departments, correctional institutions, hospitals,
and universities, as well as organizations operating community-based programs,
substance abuse programs, syringe access programs, or other programs which
address medical or social issues related to drug addiction may apply to the
Department of Human Services for a grant under this section, on forms and in
the manner prescribed by the commissioner.

b. In awarding any grant, the commissioner shall
consider the necessity for overdose prevention projects in various health care
facility and non-health care facility settings, and the applicant’s ability to
develop interventions that will be effective and viable in the local area to be
served by the grant.

c. In awarding any grant, the commissioner shall
give preference to applications that include one or more of the following
elements:

(1) prescription and distribution of naloxone
hydrochloride or any other similarly acting drug approved by the United States
Food and Drug Administration for the treatment of an opioid overdose;

(2) policies and projects to encourage persons,
including drug users, to call 911 for emergency assistance when they witness a
potentially fatal opioid overdose;

(3) opioid overdose prevention, recognition, and
response education projects in syringe access programs, drug treatment centers,
outreach programs, and other programs operated by organizations that work with,
or have access to, opioid users and their families and communities;

(4) opioid overdose recognition and response
training, including rescue breathing, in drug treatment centers and for other
organizations that work with, or have access to, opioid users and their
families and communities;

(5) the production and distribution of targeted or
mass media materials on opioid overdose prevention and response;

(6) the institution of education and training
projects on opioid overdose response and treatment for emergency services and
law enforcement personnel; and

(7) a system of parent, family, and survivor
education and mutual support groups.

d. In addition to any moneys appropriated by the
Legislature, the commissioner may seek money from the federal government, private
foundations, and any other source to fund the grants established pursuant to
this section, as well as to fund on-going monitoring and evaluation of the
programs supported by the grants.

(6)arrested, charged, prosecuted,
or convicted for using or possessing with intent to use drug paraphernalia
pursuant to N.J.S.2C:36-2 or for having under his control orpossessing
a hypodermic syringe, hypodermic needle, or any other instrument adapted for
the use of a controlled dangerous substance or a controlled substance analog
pursuant to subsection a. of N.J.S.2C:36-6;

(7) subject to revocation of parole or probation
based only upon a violation of offenses described in subsection a. (1) through
(6) of this section, provided, however, this circumstance may be considered in
establishing or modifying the conditions of parole or probation supervision.

b. The provisions of subsection a. of this section
shall only apply if:

(1) the person seeks medical assistance for another
person who is experiencing a drug overdose and is in need of medical
assistance; and

(2) the evidence for an arrest, charge, prosecution,
conviction, or revocationwas obtainedas a
result of the seeking of medical assistance.

c. Nothing in this section shall be construed to
limit the admissibility of any evidence in connection with the investigation or
prosecution of a crime with regard to a defendant who does not qualify for the
protections of this act or with regard to other crimes committed by a person
who otherwise qualifies for protection pursuant to this act. Nothing in this
section shall be construed to limit any seizure of evidence or contraband
otherwise permitted by law. Nothing herein shall be construed to limit or
abridge the authority of a law enforcement officer to detain or take into
custody a person in the course of an investigation or to effectuate an arrest
for any offense except as provided in subsection a. of this section. Nothing
in this section shall be construed to limit, modify or remove any immunity from
liability currently available to public entities or public employees by law.

(6)arrested, charged, prosecuted,
or convicted for using or possessing with intent to use drug paraphernalia
pursuant to N.J.S.2C:36-2 or for having under his control orpossessing
a hypodermic syringe, hypodermic needle, or any other instrument adapted for
the use of a controlled dangerous substance or a controlled substance analog
pursuant to subsection a. of N.J.S.2C:36-6;

(7) subject to revocation of parole or probation
based only upon a violation of offenses described in subsection a. (1) through
(6) of this section, provided, however, that this circumstance may be
considered in establishing or modifying the conditions of parole or probation
supervision.

b. The provisions of subsection a. of this section
shall only apply if the evidence for an arrest, charge,prosecution,
conviction or revocation was obtainedas a result of the
seeking of medical assistance.

c. Nothing in this section shall be construed to
limit the admissibility of any evidence in connection with the investigation or
prosecution of a crime with regard to a defendant who does not qualify for the
protections of this act or with regard to other crimes committed by a person
who otherwise qualifies for protection pursuant to this act. Nothing in this
section shall be construed to limit any seizure of evidence or contraband
otherwise permitted by law. Nothing herein shall be construed to limit or
abridge the authority of a law enforcement officer to detain or take into
custody a person in the course of an investigation or to effectuate an arrest
for any offense except as provided in subsection a. of this section. Nothing
in this section shall be construed to limit, modify or remove any immunity from
liability currently available to public entities or public employees by law.

9. Sections 1 through 6 of this act shall take
effect on the first day of the second month next following enactment, except
that the Commissioner of Human Services shall take any anticipatory action in
advance thereof as shall be necessary for the implementation of this act and
sections 7 and 8 shall take effect immediately.